The concept of premeditated versus felony murder confuses me in this case. I read that 5 of the jurors found JA guilty of premeditated murder, whereas 7 found her guilty of both premeditated and felony murder........how could the murder not be a felony if it was premeditated? doesn't one imply the other? very confusing to me. Thank you for insights and sharing your knowledge
Az can answer this one, but the way I understand it is that felony murder is usually in the act of a burglary or another act where this is no premeditation.
In other words--had Jodi not stolen the gun from her Grandparents, then she got the gun from Travis (that's what she said and the defense team said) so Juan said then---she committed a burglary before she shot Travis. Also, even if she was invited into Travis's home and there was premeditation once she started stabbing Travis, then she would lose her invitation to stay--thus felony murder.
In premeditation there is more of a planning. Wrongfully causing the death of another human being, after rationally considering the TIMING---OR---METHOD of doing so in order to increase the likihood of success or to evade detection or apprehension.
Now to me, and to the jury, the evidence for premeditation was overwhelming---
1. Faked Journal entries.
2. Broke into TAs face book, sent messages to herself.
3. Hacked into his ATM, Bank Records, and E-mails.
4. Robbed Grandparents of 25-calibre GUN, $30 cash, and a stereo.
5. Dyed her hair a different color.
6. Drove 90-miles out of her way away from home town to get rental car.
7. Used rental car, specifically asked for not red, so she could presumably not see any stains/blood to clean.
8. Borrowed two gas cans, and bought a third.
9. Turned off cell phone so it wouldnt ping off towers.
10. Turned her license plate upside down.
11. Brought gun and knife to crime scene.
12. Showed up at Traviss house early in morning.
13. Locked Traviss dog in a closet so he wouldnt get in blood.
14. Waited until he was in vulnerable position in Shower and naked.
15. Arranged for date with Ryan Burns and was to arrive same night as murder.
However--what if you get some juror who is brain dead and says--'we'll what if that is all coincidental'? Then Juan can say---well, once she starts stabbing Travis--she would no longer be welcomed into Travis home, whether she planned it or not.
I am sure AZ will add more.